Fla. Stat. 736.1016
Protection of person dealing with trustee

(1)

A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee’s powers, is protected from liability as if the trustee properly exercised the power.

(2)

A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee’s powers or the propriety of their exercise.

(3)

A person who in good faith delivers assets to a trustee need not ensure their proper application.

(4)

A person other than a beneficiary who in good faith assists a former trustee or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee.

(5)

Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.

Source: Section 736.1016 — Protection of person dealing with trustee, https://www.­flsenate.­gov/Laws/Statutes/2024/0736.­1016 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 736.1016. Protection of person dealing with trustee's source at flsenate​.gov